Summary
The Supreme Court of Ohio suspended attorney David John Gerchak from practicing law for one year, with the entire suspension stayed on conditions. The court adopted findings that Gerchak made misrepresentations to a bankruptcy court and engaged in conduct prejudicial to the administration of justice, violating Ohio Prof.Cond.R. 8.4(c) and 8.4(d).
Holdings
- Gerchak violated Prof.Cond.R. 8.4(c) by making false statements and misrepresentations to the bankruptcy court concerning payment of the filing fee.
- Gerchak violated Prof.Cond.R. 8.4(d) by engaging in conduct prejudicial to the administration of justice.
- The evidence was insufficient to establish that Gerchak violated Prof.Cond.R. 8.4(h), and that charge was properly dismissed.
- A one-year suspension from the practice of law was warranted, but the entire suspension was stayed on the conditions that Gerchak successfully complete his three-year Ohio Lawyers Assistance Programs contract and commit no further misconduct.
Questions Presented
- Whether Gerchak violated Prof.Cond.R. 8.4(c) by making misrepresentations to the bankruptcy court.
- Whether Gerchak's misconduct was prejudicial to the administration of justice in violation of Prof.Cond.R. 8.4(d).
- Whether the appropriate sanction was a one-year suspension stayed in full based on mitigating circumstances.
Disposition
other
Cases Cited (5)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St. 3d 424, 2002-Ohio-4743, 775 N.E.2d 818, ¶ 16(followed)
- Disciplinary Counsel v. Broeren, 115 Ohio St. 3d 473, 2007-Ohio-5251, 875 N.E.2d 935, ¶ 21(followed)
- Disciplinary Counsel v. Potter, 126 Ohio St. 3d 50, 2010-Ohio-2521, 930 N.E.2d 307, ¶ 10(followed)
- Disciplinary Counsel v. Rohrer, 124 Ohio St. 3d 65, 2009-Ohio-5930, 919 N.E.2d 180, ¶ 45(followed)
- Disciplinary Counsel v. Ricketts, 128 Ohio St. 3d 271, 2010-Ohio-6240, 943 N.E.2d 981, ¶ 41(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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